West Virginia Business Litigation Blog

West Virginia Business Litigation Blog

Developments in Business & Commercial Litigation

Category Archives: Appellate Decisions

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WV Supreme Court Says Insurance Company Can Challenge Confession of Judgment, Award of Attorney’s Fees

Posted in Appellate Decisions
    In January, I wrote about the so-called tripartite relationship among an insured, the insured’s lawyer retained and paid by the insurance company, and the insurance company, and an appeal before the Supreme Court of Appeals that illustrated some of the perils of the relationship.     The Court  has Continue Reading

Chief Justice Recuses Himself from Massey Case, Plaintiffs Renew Disqualification Motion Against Another Justice

Posted in Appellate Decisions
    Supreme Court of Appeals of West Virginia Chief Justice Elliott E. "Spike" Maynard has recused himself from further participation in Caperton v. A.T. Massey Coal Company, Inc., et al., in which the Supreme Court reversed the plaintiffs’ $50 million verdict   The plaintiffs have filed motions for reconsideration, which the Court Continue Reading

California Appellate Court Limits Health Insurer’s Ability to Cancel Coverage

Posted in Appellate Decisions
    A California appeals court has ruled that health insurer Blue Shield of California improperly rescinded an insurance policy after its insured incurred more than $450,000 in medical expenses, then demanded that he repay more than $100,000.  Hailey v. California Physicians’ Service, 2007 WL 4472790 (December 24, 2007).      Blue Continue Reading
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